DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of the invention of group II and the species of figures 30-39 in the reply filed on 01/20/26 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 29-33 and 39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 29 recites the limitation "the mounting bracket" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 39 recites the limitation "the mounting bracket" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 34-36, 39 and 41-42 are rejected under 35 U.S.C. 102 as being anticipated by U.S. Patent No. 3,375,367, hereafter referred to as ‘Woodcock’ Regarding claim 34, Woodcock teaches a lamp assembly 10 (figures 1-3) comprising: a mounting surface 58 having a mounting hole (mounting hole is define by flange bracket 56 in mounting surface 58, see fig. 2a, also see col. 2, lines 56-62 and figure 2); and a lamp body (see figure 3, lamp body is the combination of three elements s 12, 20 & 22) having a mounting wall 24 (figures 2-3) with a rear surface (figures 2-3) and a plurality of snap features 50, 52, see col. 2, lines 32-72, fig. 3) projecting from the rear surface (see figures 2-3), wherein each snap feature is configured to releasably engage with the mounting hole 56 in the mounting surface 58 (col. 2, lines 56-72 and col. 3, lines 12-15).
Regarding claim 35, Woodcock teaches the lamp assembly as set forth in claim 34. Woodcock further teaches wherein the plurality of snap features 50, 52 is aligned in a row (see figure 3, snap features are aligned in a row) and alternating snap features 50, 52 extend from opposite sides of the row (see figure 3, from top to bottom the snap features first bend outwardly and then inwardly on opposite ends or opposite sides of the row, thus the snap features alternate from opposite sides of the row).
Regarding claim 36, Woodcock teaches the lamp assembly as set forth in claim 34. Woodcock further teaches wherein each snap feature is configured to be selectively released from the mounting surface for repair or replacement (see col. 3, lines 12-15).
Regarding claim 39, Woodcock teaches the lamp assembly as set forth in claim 34. Woodcock further teaches wherein the lamp body further comprises a bias tab 46 projecting from the rear surface of the mounting wall (figures 2-3) wherein the bias tab 46 is configured to bias the mounting wall away from a mounting bracket (as broadly claimed, mounting bracket is defined by elements 54 & 56, as shown in fig. 2a, the mounting bracket and biasing tab holds headlamp in place, see col. 57-66).
Regarding claim 41, Woodcock teaches the lamp assembly as set forth in claim 34. Woodcock further teaches wherein the mounting surface 58 is integrally formed with a vehicle surface (surface of a tractor, see col. 2, lines 56-66).
Regarding claim 42, Woodcock teaches the lamp assembly as set forth in claim 34. Woodcock further teaches wherein the mounting surface 58 is integrally formed with a mounting bracket (as broadly claimed, mounting bracket is defined by elements 54 & 56, as shown in fig. 2a).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Woodcock in view of U.S. Patent Application Publication No. 2014/0293637, hereafter referred to as ‘Datz.’ Regarding claim 40, Woodcock teaches the lamp assembly as set forth in claim 34.
However, Woodcock fails to explicitly teach wherein the lamp body further comprises a gasket coupled to the rear surface and configured to prevent liquids from entering between the rear surface and the mounting surface.
However, Datz teaches a lamp body (see figures 1-25 which show a lamp body 10 & 30a, lamp body 10 & 30b, lamp body 10 & 30c, lamp body 10 & 30d, lamp body 10 & 30e OR lamp body 10a & 30f) with snap features 61 extending from a rear surface 13, 13a of the lamp body to be snap-fit coupled to a mounting surface 40. The lamp body further comprises a gasket (30a-30e, 38) coupled to the rear surface (13, 13a) and configured to prevent liquids from entering between the rear surface and the mounting surface 40 (see para. #’s 26, 31, 33-34, 39 and 41).
It would have been obvious to one skilled in the art before the effective filing date of applicant’s claimed invention to modify the lighting device of Woodcock to include a gasket coupled to the rear surface and configured to prevent liquids from entering between the rear surface and the mounting surface as taught by Datz in order to efficiently seal and prevent liquids from entering between the rear surface and the mounting surface of Woodcock.
Allowable Subject Matter
Claims 29-33 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding independent claim 29, the most relevant prior art of record is the Datz reference. Datz teaches a lamp body (see figures 1-25 which show a lamp body 10 & 30a, lamp body 10 & 30b, lamp body 10 & 30c, lamp body 10 & 30d, lamp body 10 & 30e OR lamp body 10a & 30f) to be snap-fit coupled to a mounting surface 40, the lamp body comprising: a mounting wall (13, 13a) having a rear surface (figures 12-25); and a plurality of snap features (58, 60, 61) projecting from the rear surface wherein (figures 12 and 25 which shows snap features protruding or projecting from the rear surface 13,13a): the plurality of snap features is aligned in a row (see figure 23 which shows snap features aligned in a top row); alternating snap features 61 extend from opposite sides of the row (see figure 23, snap feature 61 extends downwardly from a first side of the row and then alternates and extends upwardly from an opposite side of the upper row of fig. 23).
However, although Datz teaches a lamp body with snap features for quickly connecting the lamp body to a mounting surface of a vehicle body, Datz fails to teach or fairly suggest “A lamp body to be releasably coupled to a mounting surface ……………………… each snap feature is configured to releasably engage with a mounting hole in a mounting bracket.” as claimed in independent claim 29.
Claims 37-38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hwang ‘048, Gaden ‘578 and Grosseau ‘928 discloses a lighting device with snap features for mounting to a vehicle which are similar to applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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/THOMAS M SEMBER/Primary Examiner, Art Unit 2875